How the Injury Lawsuit Process Works
If you have been injured in an accident and you need to get compensation for medical bills or lost income, you could file a lawsuit. However many people aren't sure about how the process operates.
This blog post will go over five steps that all personal injury claims must pass through.
Time to File
Every state has a law that limits the time you have to make a claim following an accident. If you don't file your claim within the window, it will most likely be dismissed.
Once injury settlement racine is filed, the parties will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. It could take a few months, depending on the complexity of the case.
A reputable lawyer will present a settlement demand. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.
You may also be required to adhere to additional time limits if you've been injured by an entity of the government or a medical professional who works for the government. These are sometimes called "discovery rules" or equitable tolling and are extremely specific to each situation. Your lawyer will be able to explain these in more detail. These cases are typically resolved quicker than other types of cases.
Statute of Limitations
If you want to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.
In most states, the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to the rule which could effectively pause it in certain instances. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) the injury.
The statute of limitations could be extended or reduced in certain circumstances for instance, when the plaintiff is younger or mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as his or her family.
Damages
If a person wins an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment, lost wages, and the costs that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost enjoyment because of an accident.
The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have used in the same situation which led to your injury.
Special damages are usually simple to calculate, including the cost to repair or replace damaged property and the amount of lost wages if an injury kept you from working or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.
Mediation
Although it's not an essential element of any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.
The mediator will ask you questions to find out what you are expecting and the amount you'd like. Then, both sides will talk alone with the mediator. After that, you will exchange counteroffers and offers to arrive at a settlement.
The aim of mediation is to arrive at a settlement that neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid a lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to schedule a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.
Your lawyer will present your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were the amount of compensation that should be awarded to cover your injuries, financial losses and other expenses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial, will determine whether the defendant was negligent and if so, what amount of financial compensation you are entitled to.